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h Congress, 

Id Session. 



HOUSE OF REPRESENTATIVES. \ Document 

1 No. 1413. 




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SETTLEMENT OF QUESTIONS PENDING BETWEEN PORTO 
RICO AND THE ROMAN CATHOLIC CHURCH. 



L E T T E E 



THE SECRETARY OF -THE TREASURY, 



TRANSMITTING 



A COPY OF A COMMUNICATION FROM THE SECRETARY OF STATE 
SUBMITTING AN ESTIMATE OF APPROPRIATION FOR PAYMENT 
OF THE CLAIMS OF THE ROMAN CATHOLIC CHURCH IN PORTO 
RICO. 



February 4, 1909.— Referred to the Committee on Insular Affairs and ordered to be 

printed. 



Treasury Department, 

Washington, February #, 1909. 
Sir: I have the honor to transmit herewith for the consideration of 
Congress copy of a communication from the Secretary of State, of the 
1st instant, submitting an estimate of appropriation in the sum of 
$120,000 for the payment of all claims of the Roman Catholic Church 
in Porto Rico for properties now in the possession of the United 
States. 

Respectfully, Geo, B. Corteltou, Secretary. 

The Speaker of the House of Representatives. 



Department of State, 
Washington, February 1, 1909. 
Sir: I have the honor to request that you will submit to the Speaker 
of the House of Representatives the following item of appropriation 
for inclusion in the sundry civil or other general appropriation act: 

To give effect on the part of the United States to the basis of settlement of all 
matters in dispute between the Roman Catholic Church in Porto Rico on the one 
part and the United States and the people of Porto Rico on the other part, signed 
at San Juan, Porto Rico, on August twelfth, nineteen hundred and eight, by com- 
missioners for the United States, the Roman Catholic Church of Porto Rico, and the 
people of Porto Rico, respectively, the Secretary of the Treasury is hereby author- 
ized to pay to the Bishop of Porto Rico as the representative and trustee of the 



r in [ i s 

'2 SETTLEMENT OF CHURCH CLAIMS IN PORTO RICO. 

Roman Catholic Church in that island, and for the exclusive benefit of the Roman 
Catholic Church in Porto Rico, the sum of one hundred and twenty thousand dollars, 
out of any money in the Treasury not otherwise appropriated, in full satisfaction of 
all claims of every nature whatsoever relative to the properties claimed by the 
Roman Catholic Church in Porto Rico which are now in the possession of the 
United States, to wit, the building known as the Santo Domingo Barracks and the 
land pertaining thereto, and the site of the building formerly known as the Ballaja 
Barracks, now known as the Infartry Barracks, both properties in the citv of San 
Juan, Porto Rico: Provided, That the Roman Catholic Church shall guarantee the 
title to, and shall relinquish all rights and actions regarding said properties, and 
that the said properties shall belong exclusively to the United States: And provided 
further, That upon the acceptance of this sum the Roman Catholic Church shall 
relinquish all claims of any kind whatsoever against the United States arising in 
Porto Rico prior to the approval of this act. 

In full explanation of the matter, I have the honor to inclose here- 
with a copy of House Document No. 1204, Sixtieth Congress, second 
session, containing the President's message transmitting to the Con- 
gress the report of the commissioners sent by the President to Portq 
Rico. The basis of settlement mentioned will be found printed on 
pages 4 and 5 of the document. The department invites particular 
attention to this and to the President's recommendation that Congress 
pass such legislation as is necessary to give it effect. 

I have the honor to be, sir, 
Your obedient servant, 

Robert Bacon. 

The Secretary of the Treasury. 



[House Document No. 1201, Sixtieth Congress, second session,] 

The White House, 
Washington, December 14, 1908. 
To the Senate and House of Representatives: 

I transmit herewith a report from Mr. Robert Bacon, A&sistant Secretary of State, 
and Maj. Frank Mclntyre, U. S. Army, of their mission to Porto Rico, under my oral 
instructions, to meet with representatives of the insular government of Porto Rico 
and of the Roman Catholic Church in that island with a view to reaching some equi- 
table settlement of the questions pending between that church on the one hand and 
the United States and the people of Porto Rico on the other. 

The nature of these questions and the conditions of the controversy at the time of 
the meeting of the commission at San Juan are fully and clearly stated in the report, 
as is the basis for an equitable and complete settlement of all the questions in con- 
troversy unanimously agreed on by the members of the commission in a memo- 
randum signed on August 12, 1908. 

It will be seen that under the terms of this memorandum the United States is to 
pay to the Roman Catholic Church in Porto Rico the sum of $120,000 in full settle- 
ment of all claims of every nature whatsoever relative to the properties claimed by 
the church which are now in the possession of the United States and which are 
defined in the report. 

The properties specifically in question form part of the land reserved for military 
purposes in San Juan and are now occupied by United States troops. I am informed 
that they are well suited to such purposes and that to provide for the garrison of San 
Juan elsewhere would require the expenditure of many times the sum involved in 
the proposed settlement. 

This basis of agreement has received my entire approval, and I trust that the Con- 
gress will see the great importance of the matter and will, at its present session, pass 
such legislation as is necessary to give the basis of the agreement effect on the part of 
the United States. 

The legislative assembly of Porto Rico has already, by a joint resolution approved 
September 16, 1908, ratified the basis of agreement recommended by the commis- 
sioners in so far as it affects that government and enacted the necessary legislation 
to make it effective. 

Theodore Roosevelt. 

909 
U* oi 0« ••• ■ 



SETTLEMENT OF CHURCH CLAIMS IN PORTO RICO. 3 

Department of State, 
Washington, September 22, 1908. 

Mr. President: In compliance with your oral instructions to meet with represent- 
atives of the insular government of Porto Rico and of the Roman Catholic Church 
in that island, and come to some equitable agreement which might form the basis of 
a final settlement of the questions pending between that church on the one hand 
and the United States and the People of Porto Rico on the other, we have the honor 
to submit the following report: 

In the transfer of sovereignty of territory from Spain, where the church and state 
were closely united, to the United States, where such union was incompatible with 
the institutions and laws of the country, many questions arose as to the ownership 
of properties held by the Roman Catholic Church, as well as to other properties held 
by the Government but claimed by the church. 

In all other cases where the United States, as distinguished from the municipali- 
ties and insular governments, has been a party to these questions, the settlement has 
been made amicably without reference to the courts. Referring to this, the Supreme ^/ 
Court in the case of the Municipality of Ponce, appellant, v. The Roman Catholic 
Apostolic Church in Porto Rico, in its decision of June 1, 1908, says: 

"The properties of the church in Cuba and the Philippines at the time of the rati- 
fication of the treaty were far more considerable than those in Porto Rico. And 
the controversies or questions arising as to those properties have been quite generally 
adjusted, in both Cuba and the Philippines, partly with and partly without recourse 
to the courts. In Cuba, a commission was appointed to consider the whole question, 
and its report contains much interesting and pertinent information. It begins with 
the fundamental proposition that, 'The church, as a juridicial person, has held and 
holds the right to acquire, possess, or transfer all kinds of properties. The church 
has never been denied this right in Spain; rather, on the contrary, in all the provi- 
sions covering these matters this right has been recognized in the church.' (S. Rept. 
2977, 57th Cong., 2d sess., p. 12.) 

"On this admitted basis was concluded a satisfactory adjustment of the difficult 
problem incident to the transfer of sovereignty from a regime of union of church and 
state to the American system of complete separation. 

" Even greater difficulties were settled in the Philippines, and the American Gov- 
ernment never suggested that the church was without .juristic capacity to possess or 
protect property rights. The suggestion that it did not possess a license from the 
local authorities ' to do business ' was never put forward. 

"Whether these ecclesiastical properties originally came from the state, or any" ^/ 
subdivision thereof, they were donated to, at once became, and have ever since 
remained the property and in the peaceful possession of the Roman Catholic Church." 

While the property of the Roman Catholic Church in Porto Rico had, as compared 
to Cuba and the Philippines, never been considerable, yet there arose in that island, 
with respect thereto, several involved questions. 

Questions as to title to the churches and temples in the peaceful possession of the 
church at the time of the withdrawal of Spain from the island are settled by the 
decision in the case of The Municipality of Ponce v. The Roman Catholic Church, 
above referred to, in which the Supreme Court held that the ownership of such prop- 
erty was and remained in the church, notwithstanding the fact that the municipali- 
ties may have furnished some of the funds for building or repairing the churches. 
Other questions in Porto Rico remained unsettled, and after several years spent in 
efforts to have these controversies adjusted as they had been adjusted in Cuba and 
as somewhat similar questions have recently been adjusted in the Philippine Islands 
by negotiations outside of the courts, the church brought suit against the people of 
Porto Rico under an act of the legislative assembly of Porto Rico giving original juris- 
diction for the trial and adjudication of such questions to the supreme court of Porto 
Rico. 

In the brief of the plaintiff the properties claimed as held by the people of Porto 
Rico and belonging to the church are enumerated as follows: 

1. The building, formerly convent of St. Dominic, valued at $64, 000. 00 

2. Rental thereon from October 18, 1898, and thereafter, at 6 per cent 

per annum 3, 840. 00 

3. The grounds adjoining said buildings on the east, valued at 9, 000. 00 

4. Rental thereon during the same period, at 6 per cent per annum 540. 00 

5. The building, formerly convent of St. Francis, valued at 107, 000. 00 

6. Rental thereon during the same period, at 6 per cent per annum 6, 420. 00 

7. The site of the market plaza, this city, valued at. 40, 000. 00 



4 SETTLEMENT OF OHUBCH CLAIMS IN PORTO RICO. 

8. Value of annual canona or fees (rental of market place site) paid by 

the municipal corporation of this city to the treasury of Porto Rico 

during the same period, amounting each year to $128. 52 

9. The site occupied by the Ballaja barracks, valued at 51, 000. 00 

10. Rental thereon during the same period, per annum 1, 060. 00 

11. The site occupied by the Beneficencia and lunatic asylum, valued at 64, 000. 00 

12. Rental thereon, amounting each year to 3, 840. 00 

13. All the censos proceeding from the convents of St. Dominic, St. 

Francis, and Porta Coeli, in the possession of the People of Porto 

Rico, amounting to 19, 764. 23 

14. Revenues from these censos, collected by the treasury of Porto Rico, 

from October 18, 1898, and thereafter 

15. Amount of capitals and revenue of censos redeemed, or that may be 

redeemed, during the same period 

16. Amount of five promissory notes, due by Don Antonio Catala y 

Canales, specified in the certified statement of the honorable treas- 
urer, dated January 14, 1903 1, 803. 23 

17. Amount of three promissory notes, due by Don Arturo E. Diaz, 

specified in aforesaid certified statement 405. 00 

18. The piece of ground in Cangrejos, measuring 62 cuerdas, also speci- 

fied in aforesaid certified statement 

The supreme court of Porto Rico, by a divided court, three justices joining in the 
majority opinion, two dissenting, sustained the contention of the church in all 
material respects, except as to the convent of Santo Domingo and the site occupied 
by the Ballaja barracks. The exception was made for the reason that title to these 
properties was claimed not by the people of Porto Rico, but by the United States, 
the proprieties having been reserved by proclamation of the President of the United 
States for military purposes under authority of an act of Congress, and the United 
States was not a party to the suit. With reference to these properties, however, the 
court stated: "That the evidence heard at the trial of this case shows that the afore- 
said convent of Santo Domingo with the lands adjacent to the same, as well as the 
land on which the barracks of Ballaja are located, belong to the Roman Catholic 
Apostolic Church," and that only for a technical reason the court did not direct their 
return to the Catholic Church, together with the other properties which are the sub- 
ject of the reclamation made in this suit. 

Briefly, the title of the United States to the property in question held by it is iden- 
tical with that of the People of Porto Rico to trie property which the court directed 
should be returned to the church. 

The estimated values of these two properties, as approved by the supreme court of 
Porto Rico, are as follows: The convent of Santo Domingo and the lands appertaining 
thereto, $73,000; the site on which the Ballaja^ barracks is erected, $51,000. The 
annual rentals of these two properties were estimated at $4,380 per annum, and 
$1,060 per annum, respectively, or a total to October 18, 1908, of $54,400. _ The court, 
in its decision in directing the return of the properties held under identical title by 
the People of Porto Rico, directed also the payment of rentals from October 18, 1898. 
From the decision of the court the People of Porto Rico has appealed to the Supreme 
Court of the United States. 

The foregoing briefly gives the condition of the controversy at the time of the 
meeting of the commission in San Juan, Porto Rico. The church was represented 
by the Bishop of Porto Rico and Juan Hernandez Lopez, the attorney for the church; 
the People of Porto Rico was represented by its attorney-general, Henry M. Hoyt, 
and Jose de Diego, the speaker of the house of delegates. 

We had, prior to the meeting, carefully examined the real properties in question, 
and believe that the estimated values given are not excessive. _ In fact, the assessed 
value of these properties, as shown by attached copies of letters is considerably in 
excess of the estimated values approved by the court. 

After sessions extending over a good part of the days of August 11 and 12, all the 
members of the commission united in signing as an equitable and complete settlement 
of all the questions in controversy the following: 

"Memorandum of basis of settlement of all matters in dispute between the Roman 
Catholic Church in Porto Rico, on the one part, and the United States of America 
and the People of Porto Rico on the other part. 

" It being considered desirable to bring to an end the controversies relative to cer- 
tain property situated in the island of Porto Rico, claimed to be the property of the 



SETTLEMENT OF CHURCH CLAIMS IN PORTO RICO. 

Roman Catholic Church of Porto Rico, and held in part by the United States of 
America and in part by the People of Porto Rico, the undersigned, consisting of two 
persons appointed by the President of the United States, of two persons representing 
the Roman Catholic Church in Porto Rico, and two persons representing the People 
of Porto Rico, appointed by the governor thereof, have reached the following basis 
for a settlement of such controversies, and have agreed to recommend the same to 
their respective sources of authority, for their approval and ratification, and for sub- 
mission to such legislative and governmental bodies as may be necessary for the full 
legalization thereof. 

"First. The United States to pay to the Roman Catholic Church in Porto Rico 
the sum of one hundred and twenty thousand dollars in full settlement of all 
claims of every nature whatsoever relative to the properties claimed by the 
church, which are now in the possession of the United States, and are specified 
and described in the judgment rendered by the supreme court of Porto Rico in 
a certain suit number 1, brought by the church against the People of Porto 
Rico, in the supreme court of Porto Rico, the church to relinquish all rights 
and actions regarding said properties, the said properties to belong exclusively 
to the United States. 

"Second. The People of Porto Rico to pay to the Roman Catholic Church in 
Porto Rico the sum of one hundred and eighty thousand dollars in full settle- 
ment of all claims oi every nature whatsoever relative to the properties claimed 
by the church, which are now in the possession of the People of Porto Rico, 
and are specified and described in the judgment rendered by the supreme court 
of Porto Rico in said suit number 1, hereinbefore mentioned, and the church 
to relinquish all rights and actions regarding such properties, which properties 
shall belong exclusively to the People of Porto Rico. 

" Third. The People of Porto Rico to turn over to the Roman Catholic Church the 
chapel situated in,Santurce, described in suit number 10 between the Roman Catholic 
Church and the People of Porto Rico, the said chapel, together with the land sur- 
rounding it in the form of a rectangle, the outer lines of which shall be at least three 
meters distant from the eastern, southern, and western outer walls thereof, and which 
shall extend to the Carretera on the northern side, to be the exclusive property of 
the church in Porto Rico. 

"Fourth. The People of Porto Rico to return to the Roman Catholic Church in 
Porto Rico all censos claimed and enumerated in the judgment rendered by the 
supreme court of Porto Rico in the aforesaid suit number 1, together with all interest 
thereon which may have been collected since October 18, 1898, and the principal of 
such censos as may have been redeemed from and after said October 18, 1898. 

"Fifth. The People of Porto Rico to return to the Roman Catholic Church in 
Porto Rico the parcel of land in Cangrejos, composed of sixty-two cnerdas, more or 
less, which is mentioned in subdivision number 18 in the statement of properties 
which appears at the end of the brief dated February 24, 1906, submitted to the 
supreme court of Porto Rico by the attorney for the church in the said suit number 
1, and the property marked 'number 16' and 'number 17' in said statement. 

"Sixth. The sum of one hundred and eighty thousand dollars referred to in clause 
second hereof, to be paid by the People of Porto Rico to the church in three equal 
installments; the first payment to be made during the current fiscal year after the 
ratification of this agreement by the legislative assembly of Porto Rico, on such date 
as may be fixed by the governor of Porto Rico, in his discretion, the second install- 
ment to be paid on or before the 20th day of June, 1910, and the third installment 
on or before the 20th day of June, 1911, with interest at the rate of three per cent 
per annum on the last two installments, the People of Porto Rico reserving the right 
to pay said installments in advance at its option, with interest thereon only up to the 
date of payment. 

" Seventh. The Roman Catholic Church to be bound to guarantee the title to such 
properties as are to be transferred by it to the United States and to the People of 
Porto Rico under this agreement, but the People of Porto Rico to be in no case bound 
to guarantee the title to such properties as are to be transferred by it to the church 
under this agreement, and such transfers to be understood to be made without ulte- 
rior liability on the part of the People of Porto Rico. 

" Eighth. Such moneys as shall be received by the Roman Catholic Church from 
the United States and from the People of Porto Rico, pursuant to the terms of this 
agreement, to be used exclusively for the benefit of the church in Porto Rico. 

" Ninth. The Roman Catholic Church to relinquish all claims of every kind what- 
soever arising in Porto Rico prior to the date of the ratification of this settlement, 
either against the United States or against the People of Porto Rico. 



6 SETTLEMENT OF CHURCH CLAIMS IN PORTO RICO. 

"Tenth. Upon the approval and ratification of any portion of this settlement, the 
necessary public instruments or deeds to be executed by the respective parties, but 
the People of Porto Rico are to be in no way bound to procure or guarantee the 
registry in the registry of property of such titles as are to be transferred to the church. 
"Signed in triplicate this twelfth day of August, 1908, by the respective 
commissioners. 

" For the United States: 

' ' Robert Bacon, 
" The Assistant Secretary of State. 
"Frank McIntyre, 
' 'Major of Infantry, Assistant Chief, 
' 'Bureau of Insular Affairs, War Department. 
" For the church: 

" W. A. Jones, 

"Bishop of Porto Rico. 
"Juan Hernandez Lopez, 
"Attorney of the Catholic Church of Porto Rico. 
' ' For the People of Porto Rico : 

"J. de Diego, 
' 'Speaker of the House of Delegates. 

" Henry M. Hoyt, 
"Attorney- General of Porto Eico." 

Under the terms of this memorandum the United States is to pay the Roman 
Catholic Church in Porto Rico the sum of $120,000 in full settlement of all claims 
of every nature whatsoever relative to the properties claimed by the church which 
are now in possession of the United States. These properties are: 

First. The site now occupied by the Ballaja barracks, or, as the building is now 
known, the infantry barracks, in San Juan, and the Santo Domingo barracks and 
the land pertaining thereto. Both of these are on the lands reserved for military 
purposes in the city of San Juan. The values of these properties, as estimated by the 
supreme court of Porto Rico, are: 

The site occupied by the Ballaja barracks $51, 000 

The building formerly the convent of Santo Domingo --- 64,000 

The ground adjoining said building on the east - - 9, 000 

The assessed values are: 

The site of the Ballaja barracks 82, 110 

Convent of Santo Domingo and adjacent land 100, 710 

As has been stated heretofore, the United States title to this property is identical 
with that of the people of Porto Rico to the several properties which were the subject 
of the suit above referred to. 

The opinion of the court was that the property was the property of the church, 
and adjudged to the church the possession of that held by the people' of Porto Rico 
and a rental of 6 per cent per annum on the estimated value of said property from 
October 18, 1898. This rental in the case of the property held by the United* States 
amounted to $54,400 on October 18, 1908. 

The settlement now recommended requires payment to the church of a lump sum 
in full settlement of claims to ownership, rental, and all other claims of any nature 
whatsoever which it may have against the property held by the United States. The 
property is to belong exclusively to the United States, the church to guarantee the 
title thereto. The Roman Catholic Church is further to relinquish all claims of every 
kind whatsoever arising in Porto Rico prior to the date of the ratification of this set- 
tlement, either against the United States or the People of Porto Rico. In other 
words, a final and full settlement of all controversies is provided for. 

The character of the claim of the church to the ownership of this property is 
reviewed in the opinion of the supreme court of Porto Rico, as well as in the dis- 
senting opinion. Briefly, the facts of this controversy, as certified to the Supreme 
Court of the United States by the supreme court of Porto Rico, in so far as the 
property held by the United States is concerned, are as follows: 

Don Juan Ponce de Leon, the conqueror and first governor of the island of Porto 
Rico, donated to the Dominican Friars a piece of land situated in the northern part 
of the city of San Juan, extending to the wall looking to the sea, in order that they 
might establish and found a convent, and the convent, now called the Barracks of 
Santo Domingo, as well as the Ballajd Barracks, are on the land thus given by 
Ponce de Leon to the Dominican Friars. 



SETTLEMENT OE CHURCH CLAIMS IN PORTO RICO. 7 

Late in the year 1838 the religious communities of men in the island of Porto Rico 
were suppressed and all of their properties were seized by the Government without 
payment of damages or indemnification. They were expelled from their convents 
by public forces and the convents were converted into barracks for the lodging of 
the troops of the garrison of San Juan. 

The Government continued disposing freely of the properties thus seized, alienating 
some of them and using all of their products, until the signing of the treaty or con- 
cordat of March 16, 1851, between His Holiness Pope Pius IX and Queen Isabella II, 
which concordat has since that time formed a part of the public law of Spain. Among 
other things, this concordat provided that the properties which belonged to the sup- 
pressed religious orders, then in the possession of the Government and which had \/ 
not been alienated, should be restored without delay to the communities referred to, 
and be delivered to the representatives of the same — that is, to the diocesan prelates 
in whose jurisdiction the convents were situated. 

Certain difficulties having arisen in carrying into effect the stipulations of the con- 
cordat of 1851, there was entered into an additional concordat of 1859 between the 
same authorities. This concordat specifically recognized the right of the church to 
acquire, retain, and enjoy the usufruct of all kinds of property, and provided in 
Section IV thereof : " By virtue of the same right the Government of Her Majesty 
recognizes the church as the absolute owner of each and all of the properties that 
have been restored to it by the concordat." It further provided for the determina- 
tion by the bishops, with the approval of their clergy, of the value of the church 
properties in their respective dioceses, and the Government was to give in exchange 
for these properties and their cession to the state 3 per cent bonds of the consoli- ^ 
dated public debt of Spain to cover the total value of said properties. While this * 
agreement was carried out in Spain, not so in Cuba and Porto Rico. 

The Government, however, took upon itself the defrayment of the expenses of the 
clergy and worship in the island in accordance with the agreement also contained in 
the concordat of 1851. 

While some of the properties proceeding from the religious communities which 
had been abolished in the island were sold and the proceeds thereof were paid in 
the treasury, the remaining property continued in the possession of the Government 
until the change of sovereignty and the conclusion of the treat}' of Paris, articles 2 
and 8 of which provided for the cession of the island of Porto Rico to the United 
States, together with all buildings, wharves, barracks, forts, structures, public high- 
ways, and other public property, which, in conformity with law, belonged to the 
public domain, and, as such, belonged to the Crown of Spain, it being, however, 
understood that such cession could not in any respect impair the ownership or the 
rights which, with regard to said properties, by law, belonged to ecclesiastical or 
civic bodies. 

The convents of Santo Domingo and San Francisco, with the lands annexed thereto, 
as well as the lands occupied by the Ballaja Barracks, proceed from the religious 
communities of Dominican and Franciscan friars which existed in San Juan and 
were abolished by the Government in 1838. Briefly, this is the statement of facts 
on which the court held the property in question to be the property of the Roman J 
Catholic Church. 

The diss enting opin ion held that in no case could the claim for rental be justified 
prior to May 1, 19007 the date on which the People of Porto Rico became a body 
politic under the organic act passed by Congress on the 12th of the previous April. 
It further held that the court could not properly take judicial notice of the authority 
of the diocesan prelate, or bishop of Porto Rico, to represent the Roman Catholic 
Church in litigation nor to ascertain by any other means than by evidence properly 
introduced the relations of the Franciscan and Dominican friars to the Roman Cath- 
olic Church, and that it maybe that they held their own lands and property entirely 
independent of the church, "and that neither the Pope nor the bishop had any con- 
trol over them whatever, and that there was no evidence in the case to show that 
the church had any right to represent these monastic orders or authority to bring a 
suit in their behalf. That any claim which the church may have had for the non- 
fulfillment of the terms of the concordat of 1859 was one against the Crown of Spain J 
for what was justly due, but even as against the Crown of Spain the church could 
not claim the property itself, much less from a purchaser who acquired the same in 
good faith long after the concordat had been made. 

It was further recited in the dissenting opinion that it is judicially known to the 
court from the public laws of Spain and the province of Porto Rico that annual appro- 
priations were made for the support of the clergy and public worship and for pensions 
to the dispossessed friars, altogether amounting, during some of the years prior to the 
American occupation, to nearly $200,000. That this large and liberal appropriation 
made from year to year by the Spanish Government and the provincial government 






8 SETTLEMENT OF CHURCH CLAIMS IN POETO RICO. 

of Porto Rico was probably accepted in lieu of the bonds or certificates of the public 
debt which could have been claimed under the concordats or by the communities of 
friars or other ecclesiastical authorities, and was doubtless regarded as a fair settle- 
ment of any claims supposed to exist against the Government on account of the sec- 
ularization of the monasteries and other property belonging to these brotherhoods. " 

The defendant pleads the statute of limitations, which, in Porto Rico, in real 
actions, requires the lapse of thirty years to bar the action. The friars were, as 
shown by the testimony of three aged witnesses, beyond a doubt ejected in the year 
1838, and ever since that time, it is claimed by the defendant, the Government, 
either Spanish, American, or insular, has been in adverse, peaceable, and uninter- 
rupted possession of all the properties claimed. The dissenting opinion agrees with 
the defendant as to this. 

The above very briefly outlines the points of difference. A full understanding of 
the case may be obtained from the following documents: 
■ Senate Report No. 2977, Fifty-seventh Congress, second session. 

Transcript of Record, Supreme Court of the United States, October term, 1908, No. 
15 L. "The People of Porto Rico, appellants, v. The Roman Catholic Church in 
Porto Rico. Appeal from the supreme court of Porto Ricq." 

Briefs of plaintiff and defendant in the supreme court of Porto Rico. 

The Senate report gives on pages 11, et seq., the report of the commission of judges 
in accordance with which was settled the identical question in Cuba. The commis- 
sion reported that the property then in question was the property of the church. 

Your commissioners believe that the settlement recommended is a wise one and in 
accordance with the precedents of terminating similar controversies in Cuba and the 
Philippines. It is essentially a compromise, and no effort has been made to forecast 
what might be the decision of the highest court in the case. 

While the report of the commission of judges in Cuba and the decision of the 
supreme court of Porto Rico have both been in favor of the church, its representa- 
tives have expressed themselves as favoring a compromise, receiving but part of their 
claim rather than proceeding with litigation which they have entered into unwillingly 
and as a last resort short of yielding what they conceive to be rights that they can 
not sacrifice without being unfaithful to their trust. 

Your commissioners earnestly recommend your approval of the basis of agree- 
ment, and that you recommend the necessary appropriation to make it effective. 

Attached hereto is the draft of a bill which will, it is believed, carry into effect 
the proposed agreement. 

Very respectfully, Robert Bacon, 

Assistant Secretary of State. 
Frank McIntyee, 
Major of Infantry, Assistant to Chief of Bureau 

of Insular Affairs of the War Department. 

The President, 

The White House. 



AN ACT To provide for payment of the claims of the Roman Catholic Church in Porto Rico. 

Be it enacted by the Senate and House of Representatives of the United States of America 
in Congress assembled, That there is hereby appropriated, out of any moneys in the 
Treasury not otherwise appropriated, the sum of one hundred and twenty thousand 
dollars, the same to be paid to the bishop of Porto Rico, as the representative (and 
trustee) of the Roman Catholic Church in that island, to be used exclusively for the 
benefit of the Roman Catholic Church in Porto Rico; and that the acceptance of said 
sum, paid under the provisions of this act, shall be in full satisfaction of all claims, 
of every nature whatsoever relative to the properties claimed by the Roman Catholic 
Church in Porto Rico, which are now in the possession of the United States, to wit: 
The building know r n as the Santo Domingo Barracks and the land pertaining thereto, 
and the site of the building formerly known as the Ballaja Barracks, now known as 
the Infantry Barracks, both properties in the city of San Juan, Porto Rico; the 
Roman Catholic Church to relinquish all rights and actions regarding said properties, 
and the said properties to belong exclusively to the United States: Provided, That 
upon the acceptance of this sum the Roman Catholic Church shall relinquish all 
claims of any kind whatsoever against the United States, arising in Porto Rico prior 
to the approval of this act. 



SETTLEMENT OF CHURCH CLAIMS IN PORTO RICO. 9 

Tkeasuey Department op Poeto Rico, 

Bureau of Property Taxes, 
San Juan, P. R., April 28, 1908. 
Sir: I have the honor of inclosing herewith plan and assessment of the property 
known as the "Convent of Santo Domingo," the assessed value of which is as 
follows: 

Site $43,710 

Building 57,000 

Total 100,710 

Respectfully submitted. 

Chief, Bureau of Property Taxes. 
Treasurer of Porto Rico, 

San Juan, P. R. 



Treasury Department of Porto Rico, 

Bureau of Property Taxes, 
San Juan, P. R., April 28, 1908. 
Sir: I have the honor of inclosing plan and assessment of the site occupied by the 
edifice known as "Ballaja Barracks," the assessment of which is $82,110. 
Respectfully submitted. 



Treasurer of Porto Rico, 
San Juan, 



H. Doc 1413, 60-2 2 



Chief, Bureau of Property Taxes. 



LIBRARY OF CONGRESS 



015 814 664 2 



